THE INTERNATIONAL COMMERCE & LAW REVIEW (무역상무연구)
- Volume 50
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- Pages.27-59
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- 2011
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- 1229-2036(pISSN)
A Study on the Service Provider's Duty to Provide Services in Conformity with the Contract under the DCFR
DCFR상 서비스제공자의 계약에 적합한 서비스제공의무에 관한 연구
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이병문
(숭실대학교, 국제통상학과)
- Received : 2011.01.30
- Accepted : 2011.05.23
- Published : 2011.05.30
Abstract
This article attempts to describe and analyze the rules on the service provider's duty to provide his service in conformity with the contract under the Draft Common Frame of Reference (here-in-after DCFR), which are applied to construction, storage, design and factual information contracts. It categorizes such rules in accordance with the requirements of conformity with the contract, the time when the service provided must be in conformity with the contract, and the exemptions of the service provider's duty. On the basis of such categorization, it examines the rules on the service provider's duty in each type of service contract under the DCFR. By doing so, it seeks to figure out how the members of EU compromised on the various issues of the service provider's duty under the DCFR which is regarded as the first uniformed legislation in the area of the service contract. This may provide some guidance to the legislators of domestic law for their amendment or interpretation of their laws. In addition to them, this article also seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.
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